ADDENDUM FOUR TO LEASE AGREEMENT FOR A GAMMA KNIFE UNIT
Exhibit
10.59
ADDENDUM
FOUR
This
ADDENDUM FOUR TO LEASE AGREEMENT FOR A GAMMA KNIFE UNIT (this “Addendum Four”)
is dated effective as of February 8, 2010, and is entered into between (i) GK
FINANCING, LLC, a California limited liability company (“GKF”), and (ii) SUNRISE
HOSPITAL AND MEDICAL CENTER, LLC, a Delaware limited liability company that is
qualified to do business in the State of Nevada, d/b/a/ Sunrise Hospital and
Medical Center (“Medical Center”), with reference to the following
recitals:
Recitals:
A. Medical
Center owns and operates an acute care hospital facility located at 0000 Xxxxx
Xxxxxxxx Xxxxxxx, Xxx Xxxxx, XX 00000.
B. On
June 3, 1999, GKF and Medical Center executed a Lease Agreement for a Gamma
Knife Unit, which Lease Agreement was amended by (i) a certain Addendum dated
effective December 1, 1998, (ii) a certain Addendum Two (“Addendum Two”) dated
effective January 17, 2007, and (iii) a certain Addendum Three (“Addendum
Three”) dated effective June 20, 2007 (collectively, and as amended, the
“Lease”).
C. The
parties desire to further amend the terms and provisions of the Lease as set
forth herein.
NOW
THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as
follows:
Agreement:
1. Defined
Terms. Unless otherwise
defined herein, the capitalized terms used herein shall have the same meanings
set forth in the Lease.
2. Extension of Lease
Term. It is acknowledged
that the Commencement Date of the Lease was January 8, 2001. The Term
of the Lease as set forth in Section 5 of the Lease is hereby extended for an
additional two (2) years, which extended Term shall expire on January 8,
2013. All references in the Lease to the “Term” shall be
deemed to refer to the Term, as extended hereby.
3. Per Procedure
Payments. In
consideration of the extension of the Lease Term and notwithstanding anything to
the contrary set forth in the Lease, commencing from and after January 8, 2011,
Medical Center shall pay to GKF a per procedure payment in the amount of * per
procedure. The term “procedure” shall mean each individual treatment
session (fraction) that involves stereotactic, external, single fraction,
conformal radiation, commonly called radiosurgery, that may include one or more
isocenters during the patient treatment session, delivered to any site(s)
superior to the foramen magnum, whether performed on an inpatient or outpatient
basis, using the Equipment and/or any other equipment or devices that are used
in lieu of, or as an alternative to, the Equipment. The parties
acknowledge that the per procedure payments represent fair market value for the
use of the Equipment as described in the Agreement. Nothing set forth
herein shall amend or otherwise affect (i) the per procedure payments set forth
in Addendum Three which shall remain in effect until January 8, 2011, and (ii)
the per case reimbursement rates for medical radiation physicist services
payable to GKF pursuant to Addendum Two.
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4. Transfer of Equipment
Ownership. If, on the
expiration of the Term (as extended), no Event of Default by Medical Center (and
no event or condition which with the giving of notice and/or the lapse of time
would constitute such an Event of Default) then exists and is continuing under
the Lease, then, GKF shall quitclaim to Medical Center all of GKF’s right, title
and interest in and to the Equipment on an “as is, where is”
basis.
5. No
Responsibility for Additional Reloading. It is understood
by the parties that GKF is not responsible for any cobalt reloading, except as
expressly agreed upon in writing by Medical Center and XXX.
0. Captions. The captions and
paragraph headings used herein are for convenience only and shall not be used in
construing or interpreting this Addendum.
7. Full
Force and Effect. Except as amended
by this Addendum Four, all of the terms and provisions of the Lease and its
Addendums shall remain in full force and effect.
IN
WITNESS WHEREOF, the parties have executed this Addendum Four effective as of
the date first written above.
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GK
FINANCING, LLC
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SUNRISE
HOSPITAL AND MEDICAL CENTER, LLC
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By:
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/s/ Xxxxxx X. Xxxxx, M.D.
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By:
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/s/ Xxxxx X. Xxxxx
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Xxxxxx
X. Xxxxx, M.D.
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Name:
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Xxxxx
X. Xxxxx
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Policy
Committee Member
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Title:
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Chief
Operating
Officer
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